The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-30
STORIES THAT CONFLICT
Some Damaging Circumstantial Evil
dence Against Haley and Bresnan.
4 Number of Witnesses, However, Give Tes-
timony in Support of Their Alibi Plea
Continuance of the Trial.


md day for week searching for clews that
would lead to the Identification Of the murderers
Of George DeBurger have relaxed their efforts,
and will await the result Of the preliminary ex-
animation of Haley and Bresnan before pro-
seeding further. Opinion is about equally di-
vided to the guilt of the accused A great
many people do not believe the right men have
bean arrested. but do believe that they know
something about the crime.
Great progress was made with the prelimi-
nary hearing yesterday, and some new and very
damaging evidence against the men under ar
rest was brought out Charles w. Smith, who
has been defending the accused. was assisted by
his partner, John S. Duncan, and the witnesses
who testified for the State were subjected to
rigid cross-examina tions.
Edward Mally. living at No 104 West Wash
ington street. was the first witness He said
he know both Haley and Henry Mclaughlin
we'll Last Sunday evening he was standing on
the corner of Grant and West streets talking
with Charles Mcdonnell and two men named
Quinn and Bennett, when Mclaughlin came up.
Presently Haley was approaching the crowd,
and MCLAUGHLIN remarked: Here comes Haley,
the dstur Der; believe he is the man who
killed the street-car driver" The remark wac
repeated when Haley came closer and he said to
Mclaughlin, Don't, there may be some Of his
kin around here"
Charles Mcdonald, cousin Of Haley and of
De Burgers wife. was put on the stand and tes-
tilted that he was present whom the remarks
were made, and corroborated all Mally had said.
Both Mclaughlin and Haley in their testimony
deny having been on the corner mentioned on
Sunday evening. and claim that they did not on
that evening any o. the persons with whom
the conversation is said to have taken place.
Charles Randall and Denny Moon, drivers for
the street-cAr company, related the particulars
of Haley and a companion boarding DeBurgers
car on the stock yards line during the strike,
and annoyed him by taking possession of the
car Both men were drunk.
Patrolmen Slate and Clark testified that they
saw haley in Moran's saloon on McNabb street
between and 2 o'clock Sunday morning.
Clark spoke of DeBurgsr having been assaulted
on South Delaware street, when Haley spoke
up aud said 1t occurred near Duncan and Della
ware The man with Haley unknown to
the officers but was described as a thick heavy
set with light hair.
To show that the testimony completed,
Coroner Wagner was put on the stand next and
testified that Haley when examined by him,
said he not in Moran's saloon. and did not
know OF the murder until Sunday morning at
o'clock.
James Madison, a etreet-car driver residing at
No. 107 West South street. testified that several
weeks ago he driving De Burgers tenn
porarily when Haley made an assault upon him,
and after beating him badly, robbed him of his
change box.
Louis p Conret one Of the FIRST to reach the
Injured man after the assault. knew nothing i'm
portaut All that DeBruger told him that
he had been assaulted by three men and struck
with piece OF iron.
Stephen Notter, residing at No. 1923 South
Missouri street, proved very valuable witness.
He testified that he saw Haley South Della
ware street Saturday night about 10 o'clock
with other men ne did not know. He knew
Haley we'll. and thought he could not be mis-
taken. One of the men wore q cap, the other
soft hat, and Haley stiff hat As he passed tho
crowd Haley made some remark about Dutch
man from Missouri
Another important witness Mrs Eliza
beth F. Smith, wife OF DR.. Smith, who dressed
De Burgers wounds at her husbands Office, near
which assault made. She said that
while the injured man was being attended quite
q crowd gathered in the Office She noticed one
man standing near the door, who took part
In trying to make the injured man comfortable.
and she remarked, '1t would be strange IL the
man who assaulted the driver 10 here" Soon
after she made the remark the strange man
near the door sneAKed out.
"Can you identify either Of the in the
box as the man you saw there that nightf was
asked her.
She scanned Bresnan and Haley closely. aud
then pointed out Haley as the man. She said
she could not be mistaken
With this the prosecution rested, reserving
some of the more important witnesses for
buttal. When the examination was continued
ut 2 o'clock the defense began the introduction
OF evidence to prove an alibi for both men.
David Mathews the Kentucky avenue saloon
keeper. was the first witness He testified that
Bresnan came to his place about 9 o'clock aud
remained until after ii. playing dice with him
self and two young men named Nichol and
Sweeney. William Nichol said he was employed
at Kingans, and had known Bresnan for more
than four yoars He went to Mathews's saloon
about 10 o'clock Saturday night and found
Sweeney and Bresnan there. He remained with
them until III o'clock. He was certain about the
time, because Mathews looked at the clock and
said he did not want TO risk being arrested, and
would close. He was positive Bresnan waa not
out of the saloon between 10 and IL o'clock.
Mrs. Carrie Lawrence. living at No. 297 Ken
tucky avenue testified that she went to
NJ IL 49,.
bucket OF beer for her husband and saw Bry-
ant Bresnan in there throwing dice with
Sweeney She did not Nichol there. She
would have seen him if he had been there.
Mrs. Mathews, wife OF the saloon keeper, cor
roborated her husbands testimony.
Bryant Bresnan. the accused, was next placed
upon the stand. His testimony subst antal-
~ as follows: ST have been working at Kingan's
stead lily for five months Last Saturday even
der's saloons until after II o'clock. After sup
per 1 went Matthew's took
glass Of beer and then went dowa to
KInauders place at the corner of West and
Sharp streets. 1 played n couple of games of
pool there with James Haley and Morris Lucid
and then went back to Mathewss about $3.50.
that would be back in a few minutes, but after
got to Mathews's got into game of dice and
remained until after IL o'clock. L know De-
Burger a good while by sight, but not per-
Bonally acquainted with him."
Charles Kinander. the saloon-keeper, corrob-
GRATED the statements of the other alibi wit
On cross-examination he consider
ably confused. and could not tell whether there
anyone else in the saloon during the entire
evening He could name the four five
that played pool in his place on Saturday even
ing, but could not tell who had played In his sa-
loon any evening since. Other alibi witness
were Thomas Pearcy and Jerry Callahan.
who testified that Haley was in Kinander's sa-
loon unit. after IL o'clock
Morris Lucid theyouug man who was arrested
with Haley and Bresnan and afterward released,
was examined, and repeated the story of Kin
snder, Pearcy and Callahan that the four were
in Kinander's saloon from 8 until IL o'clock,
Saturday night.
The trial will be resumed at o'clock Monday
afternoon.
OLD SEMINARY BOYS ON A SPREE.